People v. Shaw CA2/4

Filed 3/4/26 P. v. Shaw CA2/4

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B341611

Plaintiff and Respondent,

(Los Angeles County Super. Ct. No. MA025252) v.

ANDRE CURTIS SHAW,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Emily J. Cole, Judge. Appeal is dismissed. Gabrielle D. Trujillo, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Wyatt E. Bloomfield and Chelsea Zaragoza, Deputy Attorneys General, for Plaintiff and Respondent.

In 2006, a jury found Andre Shaw guilty of involuntary manslaughter and willful, deliberate, and premeditated attempted murder, with firearm enhancements on both counts. The trial court sentenced Shaw to a term of 27 years to life. In 2024, Shaw filed a request for recall and resentencing under Penal Code section 1172.1.1 The trial court denied the petition, stating that it did not have the jurisdiction to recall and resentence Shaw. Shaw appeals, arguing that the trial court incorrectly concluded it lacked the discretion to resentence him based on a belief that there were no applicable changes in the law. He contends this erroneous order affected his substantial rights and is therefore appealable. Respondent contends the trial court’s order is not appealable. We agree with respondent that the court’s denial of Shaw’s petition did not affect his substantial rights. We therefore dismiss the appeal. BACKGROUND In 2004, Shaw was charged by information with murder (§ 187, subd. (a), count 1); assault with a deadly weapon (an automobile) (§ 245, subd. (a)(1), count 2); willful, deliberate, premeditated attempted murder (§§ 664, 187, subd. (a), count 3); and three counts of shooting from a motor vehicle (§ 12034, subd. (c), counts 4, 5 and 6). The information further alleged firearm use enhancements as to each count (§§ 1203.06, subd. (a)(1), 12022.5, subd. (a)(1)), § 12022.53, subds. (b)-(d)). The jury found Shaw guilty of involuntary manslaughter on count 1 and attempted murder on count 3, and not guilty on the remaining counts. The jury also found true the allegations that Shaw personally used a firearm in the commission of count 1 within the meaning of section 12022.5, subdivision (a) and personally used and intentionally discharged a firearm in the commission of count 3 within the meaning of section 12022.53, subdivisions (b) and (c). The trial court sentenced Shaw to a term of 27 years to life in prison for the attempted murder, including a term of 20 years for the section 12022.53, subdivision (c) enhancement, as well as a concurrent term of seven years for involuntary manslaughter. This court affirmed the